Have you ever heard of overtime work? In essence, it refers to work done outside regular working hours, and specific rules apply, as stated by the Autoridade para as Condições do Trabalho (ACT).
“Overtime work is performed outside the regular working hours. If there is an exemption from working hours limited to specific hours per day or week, any work done beyond those limits is considered overtime. If there is an exemption that adheres to the normal work period, it is considered overtime if it exceeds this period,” states the ACT’s website in the Frequently Asked Questions section.
Additionally, according to ACT, the following are not considered overtime:
- Work done on a regular day by an exempt worker, without being bound by the maximum limits of normal work periods;
- Work performed to compensate for suspensions not exceeding forty-eight hours, when there is an agreement between the employer and employee;
- A fifteen-minute tolerance to finish work;
- Professional training, even if done outside working hours, as long as it does not exceed two hours daily;
- Work performed in addition to the normal period, when allowed by the applicable regulation;
- Work done to compensate for absences, initiated by the employee, provided both the absence and compensation have the employer’s agreement.
How is overtime paid?
According to the ACT, overtime performed from May 1, 2023, onwards is compensated with hourly remuneration at the following rates:
Up to 100 hours annually:
- 25% for the first hour or part thereof and 37.5% for each subsequent hour or part, on weekdays;
- 50% for each hour or part on mandatory or additional weekly rest days or holidays.
Beyond 100 hours annually:
- 50% for the first hour or part thereof and 75% for each subsequent hour or part, on weekdays;
- 100% for each hour or part on mandatory or additional weekly rest days or holidays.
Is overtime mandatory?
Yes, workers are required to perform overtime unless they request an exemption due to valid reasons, as indicated by ACT.
However, some exceptions apply.
Exempt from overtime are:
- Pregnant workers (Article 59, No. 1);
- Workers with a child under 12 months old (Article 59, No. 1);
- Workers during the entire breastfeeding period, if necessary for their health or the child’s (Article 59, No. 2);
- Minors are prohibited from overtime (Article 75, No. 1), except when indispensable to prevent or repair serious damages and only if they are 16 years or older (Article 75, No. 2);
Not obligated to perform overtime:
- Workers with disabilities or chronic illnesses (Article 88);
- Student workers, except in cases of force majeure (Article 90, No. 6);
- Caregiving workers with recognized status, while the need for assistance persists (Article 101-G, No. 1).
